captioned by closed captioning services, inc >> bret: president obama gives his blessing to oil pipeline. just not that oil pipeline. this is "special report." ♪ ♪ >> bret: good evening. i'm bret baier. president obama fought back today against critic when is say he is blocking efforts to increase domestic oil production and reverse the skyrocketing cost of fuel. gasoline shot up another 2 cents a gallon overnight. the national average is $3.88. crude oil dropped almost $2 to close at $1050.35 a barrel. new survey indicates americans are placing more importance on traditionable fuel sources. than they did a year ago. so that set the stage for today's event. which inspired even more criticism. chief white house correspondent ed henry is travelling with the president. >> just weeks after president obama nixed transcanada

corporation keystone xl pipeline from the canadian boarder to texas over environmental concerns -- >> producing more oil and gas at home has been and will continue to be a critical part of the all of the above energy strategy. >> he came here to the heart of oklahoma oil country to declare he is in favor of a tiny leg of the pipeline from the small town of cushing to gulf of mexico to release a glut of oil that kept gas prices in this area low. but high elsewhere. >> i'm telling the administration to cut through the red tape and break through the hurdles to make the project a priority. >> the republicans fired back the president is hyping his role relieving the bottleneck supply. construction on this portion of the pipeline is expected to start in june with or without him. >> only portion he doesn't need to approve he is down there and taking credit for it. frankly, it's bizarre. >> white house aides say that is not true because the

federal permits need to be issued. they say today's executive order will help here and the president is committed to relieving pipeline shortages in other places like north dakota to get as much domestic oil to market. republicans count turnover president's two-day energy tour is a sign he is on defense over soaring gasoline prices. >> there is a big gap between what the president promises and what he talks about. and the actions that are taking. i think honest hard-working taxpayers deserve actions that match the words. >> the public seems to agree. recent fox news poll found 57% of registered voters support building keystone, including 87% of republicans, 69% of independents and 50% of democrats. the president blamed republicans for forcing a quick decision on keystone and vowed to review any future transcanada request. >> as long as i'm president, we'll keep on encouraging oil development and infrastructure and we will do it in a way to protect the health and safety

of the american people. >> as he ends a trip in battleground of ohio we noticed all four stops that the president stopped using the phrase "there is no silver bullet." it might be hard to sell american people on that while they are demanding a solution. earlier stop, the president said the u.s. is only producing 2% of the world's oil. it's closer to 12%. white house says it's the vote and they say we have 2% of the proven oil reserve. >> bret: which he has been saying a lot, as we heard from jim angle's piece yesterday. thank you. the president is trying to deflect some of the blame for the huge taxpayer investment, in the failed solar company solyndra. >> we wish solyndra hadn't gone bankrupt. part of the reason they did is the chinese were subsidizing their solar industry. flooding the markets in the way solyndra couldn't compete. understand that this was not our program per se. congress, democrat and republicans put together a loan guarantee program because

they understood historically that when you get new industries, easy to raise money for startup. >> bret: the energy loan guarantee program was born from 2005 bill passed by the republican house and signed by president bush. the obama administration's 2009 stimulus expanded the program in the form that gave birth to the solyndra loan. applications for unemployment benefit fell by 5,000 last week to a four-year low. stocks were down today. the dow lost 78. the s&p 500 gave back ten. the nasdaq closed 12 behind. house speaker john boehner says he will have the votes to pass a new spending plan next week. the proposal calls for cutting $5.3 trillion from president obama's budget over the next decade. and restructures the tax code. narrowly passed through committee last night. republican presidential front ruper mitt romney is trying to establish distance from wednesday's controversy over whether his

self-described consecutive positions are genuine. carl cameron reports today was about consolidating support from the right. politically and financially. >> brief media availability wednesday evening, front runner romney is front running and campaigning behind closed doors meeting with power brokers in d.c. including paul ryan and influential conservative demint who is excited about prospect of romney becoming the nominee. santorum has less nominee of romney but says it's not over. >> this race is a long way to go. it's closer than what the media perception. is we feel like we will do well saturday. >> stumping in texas, santorum for the second day in a row blasted romney for the suggestion that romney can reset the campaign like etch-a-sketch like head-to-head battle against obama. >> all the things that allow him to win the primary are unavailable for him to win the

general. he knows what he is doing now can't win. he has to reset and figure out another way to win the election. >> big al seafood in home of the louisiana between the shrimp and crawfish platter, they brand dished the toys. >> given everything that people said about romney's props over the years. this was sort of capturing what everybody was afraid of. >> team romney trieded to move on. saying you know you reach the end of a hard-fought campaign when your opponent waves around children's toys. after he suggested time for rivals to quit. team romney issued a memo stating, "each day senator santorum continues to march up the steep hill of improbability is a day we lose to unite in our effort as republicans to defeat president obama." they openly cam plain that the ongoing perhaps in the race

hurts the g.o.p. ability to unite against president obama. romney aides say that is makes santorum a top kwon tepider for mp3 on the obama campaign. bret? >> bret: carl cameron on the campaign trail. thanks. look a little closer at romney. conservatives. james rosen tells us the strategy of outlasting rivals on the right appears to be paying off. >> cartoonist paul noth of the new yorker magazine summed it up better than anyone else, with a lawn sune saying, "oh, all right, fine." romney hopes tuesday's big win will mark a turning point with the party base. fox news exit poll from land of lincoln showed romney captured 47% of conservatives there and 47% of tea party supporters winning both group. indeed, since the georgia primary on march 6, when romney won 19% of the evangelical christians he has gone on to win 27 and 29% in the category a week later in

alabama and mississippi res speckively. then gone on a week after that capture 39% of the evangelical christians in illinois. >> i see signs that you look at the tea party sympathizers swinging over to his side. i think the santorum candidacy may be therapeutic for conservatives. i gave them a chance for the one-on-one shot. >> wednesday, influential blogger eric erickson posted the inevitable. conservatives may not mitt romney but they don't want a fractured party too divided to beat barack obama. he bloged. there will be no white knight, no dark horse and no brokered convention. we have our nominee. >> freedom works a group that popularized the tea party at times rallied opposition to romney now ez it's not endorsing him but is ready to work with him. >> look, the numbers are in his favor. it's inevitable now he will

reach the necessary delegate count. plus, the senate is key. if we recapture majority in the senate, if romney is the nominee for republicans and becomes the president, could be the most conservative president we have ever had. >> romney's rivals aren't thedy scepters of the theory of inevitability. >> the most conservative element of the party, movement conservatives are not warming to him, no matter how close he gets to wrapping up the nomination. they don't identify with him. they do. trust him. they don't believe he is true blue conservative. >> senator deminute to south carolina, key figure to the conservative base praise romney leadership skills and added there is a lot to like there. likessability matters. >> bret: more on this with panel. thank you. controversial member of the media recent figure in recent days as well asks can't we all just get along without being offended? that is later in the grapevine. first, what is at stake when the supreme court takes up the president's healthcare law.

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>> bret: tomorrow is the second anniversary of the healthcare reform law. you haven't missed the big celebrations because there haven't been any. why isn't there big fanfare on the two-year anniversary of the healthcare law being signed friday? >> i think that you are going to see quite a bit of activity around the healthcare law. not just official activities or campaign activitys but there is quiet recognition around the country. >> bret: we'll have more on that tomorrow. this evening, correspondent shannon bream tells us about the upcoming bid to get some or all of the law overturned by the nation's highest court. >> when the legal challenge to the president's healthcare law kicks off monday at the supreme court, the focus is on the individual mandate starting in 2014 will require every american to have health insurance or pay a penalty.

supporters of the law predict a victory. >> it's really a very easy case. the constitution says congress has the power to regulate commerce among several states. there is no question that a law which regulates one-sixth of the national economy is commercial. >> majority of americans is unconvinced, though. fox news poll shows 52% disapproves of the way the president handled the issue of healthcare. 43% approve. another poll reveals that a majority of americans, 67% thinks the supreme court should strike down individual mandate or throw out the law altogether. >> the american people have been able to distinguish between benefits that they might get from the bill and the means that congress has chosen to be enforce it, which they agree with us is unconstitutional. >> the white house is hoping to change that perception by highlighting the ways in which it says the law is already benefiting average americans. denver couple dustin and aryan say after he suffered a stroke

while they were uninsured they nearly lost everything until the new law guaranteed their ability to get health insurance. >> to have it all covered was the difference between us losing our business, losing our homes, employees losing their jobs. town losing the striking business. it made all the difference. >> what happens if the court strikes down the mandate. former solicitor general will argue three of the four portions of the case against the healthcare law is confident it would mean the rest of the law falls without the mandate to support it. >> if you look at this, it's a little bit like dominoes falling. if you take out one provision and then you take out another provision, pretty soon you have the heart of the act. that is invalid, the rest can't stand alone. >> supporters of the law are confident that the justices will find it could survive without the mandate and point to the fact that the court has a strong presumption in favor of upholding a law when it

strikes down a portion of it. >> bret: that's next week. thank you. republican controlled house voted along party lines to repeal medicare cost control panel that is part of the healthcare law. the independent payment advisory board was created to keep medicare costs from zooming out of control by forcing cuts on service providers. republicans brandon have an a rationing board. today, the senate passed legislation to make it easier for small businesses and start up to raise capital. the measure goes back to the house because of an amendment that was added on. president obama supports the bill. the nation's tax collector says he is not denying tax exempt status to tea party groups because of political groups. they told

>> reporter: together they form unlikely alliance, signing a pledge, calling on super pac to stay out. brown said he got the ball rolling. >> i should stay away. it challenged professor warren to come out and stay away. she said no, they're okay. as long as they're factually correct. so then there is a group, oh

my goodness. i don't like that. >> the race is still a competition. both sides claim credit for initiating the pac. warren believes she made it enforceable. >> at first, brown says no. he says that is not possible. it's stuff. >> all i can say it's my idea. i'm glad that professor warren joined in. good thing for massachusetts. >> i hope this is not a game about who wants to take credit. >> the agreement requires candidate to shell out money from the campaign coffers. 50% of the cost of the ad. brown passed the first test. when a small internet ad was launched he called on a group to pull it, donating $1,000 to autism consortium, charity of warren's choice. but will it hold? >> i think it will last. there is so much pressure from the media, political establishment and candidates if an attack ad comes in, they will hop on the high ground. say get rid of this.

throw a few dollars in the pot to show that they are good citizens. so i think this might work. >> the pledge was signed in january. after negative ads, tying warren to the occupy movement and brown to big oil. since then it has been quiet. this is just an agreement between candidates. political action committees are not legally bound to honor it. in massachusetts, molly lion, fox news. >> bret: ahead, something you probably take for granted could provoke war. we will explain. first, bloody end to police standoff involving islamist extremist. [ male announcer ] any technology not moving forward is moving backward.

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>> bret: in world headlines, activists in syria say troops shelled and raided opposition

areas around the country today. they report dudsens of civilians killed. along with at least 12 soldiers. opposition groups and the government are dismissing a united nations security counsel statement calling for a cease-fire. israel's defense minister says his country could hold off on attacking iran nuclear facilities for several more months to let the sanctions and the negotiations work. barat told israel radio there is disagreement with the u.s. on a realistic timetable for stopping iran from obtaining nuclear weapons. two senior military sources tell fox news charges are expected to be brought friday against the u.s. soldier in the murder of 17 afghan civilians. that number is up from the previous count of 16. we're not told why. army staff sergeant robert bales seen here is held at fort leavenworth in kansas. we gist learned of another complaint involving that staff

sergeant. there have been two reports so far. today, the top commander in afghanistan says the u.s. will need significant combat power if afghanistan in 2013. the islamic extremists who boasted appealing seven people in france is dead tonight. greg palkot tells us how his long stand off with police concluded. >> early thursday morning, the 32 hof hour face-off between self-described terrorist and killer and french police ended with a deadly bang. >> that is when police commando storm the apartment building where mara was holed up. negotiations failed, 300 rounds were exchanged before mara was shot dead fleeing through a ground floor window. commando used to thing, said the french interior minister said he had never seen such a violent attack. not the kind of violence seen in the amateur video of mara

taking a joyride in a sports car. 18 months later he would go on a shooting spree that left three french soldiers, rabbi and three jewish students dead. >> hours after the siege was broken, police stand guard and look for evidence in front of the building. politicians here look for lessons from the horrible crime. >> french president nicolas sarkozy made a nationally televised address promising to crack down on anyone involved in terrorism online, in prison, or at training camps. all things the late shooter allegedly did. coming together and being unified must be our priority. firmness and moderation and service are values of the republic. there are no signs yet that sarkozy's handling of the crisis helped him politically. there are signs that people are relieved. like this father at the school targeted by the shooter. >> it's clearly a feeling of satisfaction, he says. our children can go back to

school. knowing that crazy man can't harm them. in france, greg palkot, fox news. >> bret: back in this country, german auto maker volkswagen is adding 800 new jobs. at the facility in chattanooga, tennessee. they're expanding production of the passat sedan. reading, writing an opposition research for middle schoolers? that's next in the grapevine. if you thought john el edwards' troubles couldn't get worse, think again. after food gives you gas, you take beano before, so you don't get gas. and if you don't get gas, maybe you don't need these. take beano before and there'll be no gas.

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>> bret: now fresh pickings from the political grapevine. teacher at middle school ordered substitutes to do opposition research on the four republican presidential candidates an then to figure out who they could send that information to in the obama campaign. the daily caller reports no similar assignment researching president obama was given. a number of parents complained calling it creepy. and play tantly political. the school spokesman says the students should have been given the option to research candidates from either major party. hbo host bill maher who has upset people in his career rand recently thinks america needs to stop apologizing every time someone gets offended. he notes in an op-ed piece recent backlash from comments there robert di nero and rush limbaugh and says, "let's have amnesty from the left and the right on every made-up, fake,

total insincere, play act, hurt, insult, slight and affront. if you see or hear something you don't like in the media go on with your life." finally, former presidential democratic candidate john edwards denies report of a report linking him to new york sex ring. the news site reports a prostitute working for the alleged soccer mom ma dom told investigators she was paid to have sex with edwards at upper east side hotel in 2007. edwards' lawyers says his client categorically denies the false report. when the "national enquirer" reported the existence of love child with former campaign aide, edwards said that report was also completely false. m something that most of us take for granted could spark a war in the not too distance future. herron tells us what could be a life -- catherine herridge tells us what could be a life or death struggle for water.

>> reporter: as the arab spring unfolded, top regime in egypt, libya and tunisia, intelligence analysts investigate how water shortages impact the u.s. national security interest. >> it's fair to say the intelligence community findings are sobering. >> the assessment of the global water security reads in part water challenges, shortages poor water quality, flood will likely increase the risk of instability and failure. exacerbate tension and distract countrys working on important objectives. >> water is an indicator. not just for terrorist organization, but others who like to usurp authority. >> frank is a former homeland security advisor to president bush and now runs homeland security program at george washington university. >> if you look at the countries that are in the worst and dire straight straight, they are home to al-qaeda. >> the countrys most affected by the water short reasonable

not declassified but they warn africa home to extremists group will face significant stress. as a result of the economic and demographic shift, including the youth vault that test networking to overthrow the dictators in the arab spring, middle east is identified as a region facing major challenges. rising tension over clean water mean countries are forced to pay closer attention to security, as secretary clinton warned. >> potential threat that water resources could be targeted by terrorists or manipulated as a political tool. >> in a briefing for reporter, senior u.s. intelligence official says if the u.s. does not take the lead on water security, other nations such as china step in and the u.s. could lose the leverage in middle east, south africa and asia. in washington, catherine herridge, fox news. >> bret: the police chief in stanford, florida, temporarily stepped down today as controversy swirls over the death of unarmed

african-american teenager martin at the hand of neighborhood watch captain george zimmerman on the right. protesttests have been constant. another set to begin shortly. the teen's parent and activist al sharpton are expected at the event. the shooter says he acted in self-defense and has not been arrested or charged. the justice department and state attorney are looking into the case. we will talk about the president energy tour and his blessing of at least part of an oil pipeline when the fox all-stars join me after the break. but... home security systems can be really expensive. so to save money, we actually just adopted a rescue panther. i think i'm goin-... shhh! we find that we don't need to sleep that much. there's an easier way to save. geico. fifteen minutes could save you fifteen percent or more.

as long as i'm president we'll encourage oil development and infrastructure and do it in a way that protects the health and safety of the american people. >> today i'm directing my administration to cut through the red tape, break through the bureaucratic hurdles and make the project a priority. >> so the only portion he doesn't need to approve he is down there and taking credit

for it. and frankly, it's bizarre. >> the president went to the heart of oklahoma oil country today to say he is a tiny part of the keystone pipeline. the white house is looking at the polls. should keystone xl pipeline be built? 57% -- 67% say yes, it should. 87% of those were republicans. 59% independent. 15% democrats. what about the energy policy and where we stand? what about this issue? bring in the panel. steve hayes for "weekly standard." a.b. stoddard from the hill. we welcome judge janet judge anw napolitano. good to have you. >> good to be with you. >> bret: what do you think of the energy issue and the

moves today? >> president is so disingeneral with us you could cut it with a knife. the same routine won't happen. this is a political decision. >> bret: it seems like the white house is reacting to this. the energy speeches continue almost daily. >> i'm thinking we will get to a joint session of congress soon at this rate he is going in primetime. he has been pounding away. each one he takes an opportunity to push green energy agenda. he out thes increase in the use of alternative fuels and production in the consumption of foreign oil. and he knows that if the gas

prices go up this summer, the keystone battle, the republicans will make it sure it's a big issue in the campaign. approving 29% of it that really already been started was kind of weak. just a tough issue for him. you see them trying to keep an offense so they're not on defense. it will close in once there is a nominee. close in once the price go even higher. he is having a lot of, it's become the keystone is a real albatross. >> steve? >> you look at the voters who are paying close attention to this issue according to the gallop. 78%. versus 22%. approve of keystone pipeline. that is going to have a significant overlap with the population of voters in the country. that is why the white house is concerned. the president is going and doing photo opportunities which is what they are. in an effort to reband himself.

he is trying to pretend he hasn't been who he has been in the first three years of his presidency. what is interesting to me is to notice that the application on the left increasing. environmentalists are worried about the president. they think it's setting the stage for a full-scale reversal on keystone, which is unlikely. he is looking for approval from people who rejected it in the first place. >> i am shaking my head in agreement. he can't have it both ways. republican voters will realize how disingenuous this is or the left wing base will say we don't trust you anymore. >> bret: talk about the green energy policies. out on a radio show talking about a solyndra. the solar company panel company that failed. take a listen to this. >> we wish solyndra hadn't gone bankrupt. part of the reason they did is the chinese was subsidizing

their solar industry. congress and the republicans and when you get new industries, and raise money for startups. >> bret: it's true, a.b., that the initial loan program, the loan guarantee program was passed by a republican house and signed by president bush. stimulus really funded this loan particularly and the obama administration as we have seen from the document after document mysteriously come out on friday night. the e-mails. was definitely pushing this company. >> yeah. really, that is obvious assertion on his part, it was congressional push for solyndra. he continues, bret, as i said, he continues to push with pride the green energy agenda.

this concludessed with the oil production in office. >> bret: he is saying the flat earth society doesn't think forward. >> this is a way to say there are no silver bullets but these are things to invest long-term. we can do this. we need americans, ingenuity and competitive globally. >> one of his greatest failures. crony capitalism at the worst. use public money to invest in a company. principal investor, one of the biggest bundlers and to claim that competition from the chinese was unfair. he knew about the competition before giving solyndra a nickel. >> the president said this was not our program per se. that is really one of the most ridiculous statements to come

out of the president's mouth. there are a lot of contenders. but to a.b.'s point, he makes contra dicker argument. he is trying to include republicans. saying this isn't just us. this is the democrats and the republicans working together on loan guarantee. earlier today he said republicans are plat earthers because they don't believe in this stuff. which is it? you can't make the arguments at the same time. >> bret: yeah. so, i guess is the conclusion here that this is not the end of the issue from the republican point of view. but the white house trying to defend? >> i say the independent voters will see through this. >> bret: a.b.? >> he has figured out that the fight for the nomination on the republican side coming to a rapid close. this will be an issue republicans stick with and the g.o.p. nominee. he has to push back against it starting now. this will get worse as the summer approaches.

>> he can't remake himself on this issue. other than helicopter. -- other than healthcare. this is who he is. >> bret: are conservatives consolidating around mitt romney? ok, guys-- what's next ? chocolate lemonade ? susie's lemonade... the movie. or... we make it pink ! with these 4g lte tablets, you can do business at lightning-fast spes. we'll take all the strawberries, dave. you got it, kid. we have a winner. we're definitely gonna need another one. small sinesses that want to grow use 4g lte technology from verizon. i wonder how she does it. that's why she's the boss. because the small business with the best tecology rules. contact the verizon center for customers with disabilities at 1-800-974-6006.

>> bret: for men trying to get to that house and take the job of the current person who is there, it raised eyebrows. rick santorum saying, "you win by giving people a choice, you win by giving people an opportunity to see a different vision of the country, not someone who is just different than the person in there. if you are going to be a little different, we might as well stay with what we have. instead of taking a risk with

what might be, may be the etch-a-sketch candidate of the future." etch-a-sketch, he held up the toy. this is the reference to yesterday, the comment by romney advisor about resetting the race. the romney campaign quick for its own release of a statement. from romney i'm in the race to defeat barack obama. i was disappointed to hear rick santorum would rather have barack obama as president than a republican. this election is more important than any one person. it's about the vision and the future of america. this is on a day when senator tea party, jim demint of south carolina said this to reporters, not on camera, but to print reporters. "i am not only comfortable with romney, i'm excited about the possibility of him possibly being our nominee. his leadership skills, fact he hasn't lived in his life in washington, there is a lot to like there." a lot of full screen graphics

to absurd there. back with the panel. are conservatives consolidating around mitt romney? >> reluctantly so, yes. people are tired about the long primary. they are saying we can find things about romney we like. they will reject rick santorum's any republican but obama. that view is getting out there. i notice senator demint the standard against whom many conservatives measure themselves did not say it on camera. >> bret: not a formal endorsement. but that is a big informal endorsement. isn't it? >> it's informal endorsement, we are all talking about it. yes. >> bret: santorum quote on the stump. is this a turning point? >> a big deal. striking quote. people want non-romney

candidate. the assumption is that barack obama would not beat out the romney candidate. i don't think there are other ways to read santorum's comments other than to think that is what he is saying. the comment that primary voters won't look kindly upon, even those who are inclined to support santorum. >> bret: rush limbaugh said conservative alternative to mitt romney may be mitt romney. freedom works the tea party movement saying this about romney candidacy. >> for us, the senate is key to moving policy in the country. if we can create caucus of the legislative entrepreneurs inside majority and recapture majority to the senate, they will move policy to the president's desk.

if romney is in the white house it could be the most conservative president we have had. >> it's strange for minute minute to say he is excited, the word he use -- minute minute t -- demint tosay he is . and he has had quite the evolution. when rick santorum starts saying things that indicate he is out to get romney more than just to elect a republican, this is what newt gingrich started to say around the time he began to lose support. it becomes a battle of ego. you don't really want a republican conservative to stop a president obama. people start to wonder what you are really doing. that is a problem for santorum who endorsed romney four years ago. this is the end for santorum. he will try to take a few more contests but he blew up his message. he failed to really make an

arguargument as a disciplined general election candidate who could appeal beyond his base of the rural and evangelical and noncollege educated voters who earn $50,000 or less. beyond that, he is not trying to convince the party he wants to represent all of america. something that romney has done from the start. >> bret: judge, what about the libertarians? where do you think the mind set of the libertarians who are most supporting ron paul is in this race at this point? >> you know, there is a division. there is the anybody but obama. there is the rick santorum view libertarians would be better off in 2016 after a disastrous four more years of barack obama. i don't know what they'll do. if they put ron paul on the tinct, rumors we all heard about, libertarians will come out in droves.

there is no fire in the belly for the mitt romney campaigning because they don't know which one will show up to work the day after inauguration day. >> bret: judge, i would be remiss if i didn't ask about your thoughts heading to next week with the u.s. supreme court. the battle over the healthcare law and if the mandate is constitutional. if you look at the makeup of the case, what are your thoughts? >> i read in preparation for many conversations all of their decisions on the commerce clause; particularly, those of justice kennedy, perceived and may think accurately so swing vote. does the constitution authorization to congress to regulate commerce let congress force you to engage in commerce. he will say no and will the four conservatives and 5-4 vote to invalidate the mandate. congress will have to decide what remains of the statute. not the court. congress. >> bret: does it depend on these oral arguments? or do you think that the

justices by what they said before and where they stand are locked in. >> i think they know which way they will vote. they want to give the country the courtesy of a long oral argument. the interests are intense. rarely does the oral argument change your mind on the bench. >> bret: quickly, does it change the dynamic of the political rift? >> it could. i don't think losing that if it happens that way losing that would be the end of the argument for republicans. he reached so far he did something unconstitutional. >> it will be hard for mitt romney to fight back on a mandate, whether it's upheld or not. >> bret: panel, thank you. judge, pleasure to have you here. >> good to be here. >> bret: that is it for the panel. stay tuned for something you must see, especially if you're a parent. [ male announcer ] chicken broccoli alfredo.

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>> finally tonight, moms and dads often have similar parenting techniques when it comes to raising their children. sometimes their styles don't always matchup. ♪ >> first up, mom. >> patty, cake, patty cake. bakers man. bake me a cake as fast as you can. >> now here is dad. [ laughter ] >> bret: steve is laughing heartedly. he may have done that. don't forget, you can tell me your thoughts about this show. drop me a tweet at bret baier. thanks for inviting us into your home tonight. that is it for this "special report," fair, balanced, and unafraid. captions by closed captioning services